Chapter 3.12


3.12.010    Authority.

3.12.020    Claims required.

3.12.030    Form of claim.

3.12.040    Claim prerequisite to suit.

3.12.050    Suit.

3.12.060    Claims for tax refunds.

Prior legislation: Ords. 15 and 470.

3.12.010 Authority.

The ordinance codified in this chapter is enacted pursuant to Section 935 of the California Government Code. (Ord. 1337 § 2, 2007)

3.12.020 Claims required.

All claims against the City for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this chapter, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter. (Ord. 1337 § 2, 2007)

3.12.030 Form of claim.

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No other agent, including the claimant’s attorney, may sign the claim. No claim may be filed on behalf of a class of persons unless individually verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910. (Ord. 1337 § 2, 2007)

3.12.040 Claim prerequisite to suit.

In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of PMC 3.12.020. (Ord. 1337 § 2, 2007)

3.12.050 Suit.

Any action brought against the City upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the City shall conform to the requirements of Sections 950 through 951 of the California Government Code. (Ord. 1337 § 2, 2007)

3.12.060 Claims for tax refunds.

Claims for tax refunds shall comply with the provisions of this chapter in addition to any other requirements in state law or this municipal code. (Ord. 1337 § 2, 2007)